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despite being in common use, and clearly an important concept (everything within the curtilage of a
erected prior to 1948 is is potentially subject to listed building control), curtilage has never been defined in law,
and the difficulties of determining the extent of the curtilage of a listed building continually presents problems.
The situation is much complicated by different
building types consider, for example, the circumstances of a farm steading,
and the fact that a building can never be in more than one curtilage. While a basic description may be of "a piece
of ground ancillary to a building and necessary to the function and/or enjoyment of that building," there are three
basic factors to consider namely, the physical relationship of the building and the listed building; past and present
ownership, and the past and present use.